In yesterday's development (PDF), the high court vacated the 2nd Circuit's original decision ordering the government to release the photographs and asked that court to reconsider the case in light of the new legislation and Secretary Gates' certification. In 2005, a district court in New York ordered the government to turn over the photos, and the now-vacated 2008 decision by the 2nd Circuit court upheld that ruling.

Although President Obama initially said that he would abide by the appeals court's decision and release the photographs, his administration changed course earlier this year and petitioned the Supreme Court to hear the case. Before the Supreme Court could take up the issue, however, Congress enacted legislation that permits the Defense Department to exempt certain photos from FOIA.

Steven R. Shapiro, Legal Director of the ACLU, said in our press release today: "We continue to believe that the photos should be released, and we intend to press that case in the lower court. No democracy has ever been made stronger by suppressing evidence of its own misconduct."

Disclosing the photos would only help the public to further understand the systematic abuse of detainees that took place in detention centers, and it would underscore the need for a comprehensive investigation of past abuses. Permitting the government to suppress the photos, and thereby keep secret powerful evidence of its own misconduct, sets a dangerous precedent.

Jas

So are they with-holding them to prevent information being leaked about the same torture taking place on American shores?

December 1, 2009

10:55 AM

Steve

The release of these photos will do nothing but inflame anti-american hatred domestically and abroad, and the ACLU is fully aware of this. One of the original names of this organization was Americans United Against Militarism. Seeing how opposed they are to our men and women in uniform, I guess the ACLU still holds true their "against militarism" policy.